Effective 28 Aug 2009

650.052. Consultation with crime laboratories — DNA system, powers and duties — expert testimony — rulemaking authority. — 1. The state's DNA profiling system shall:

(1) Assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of criminal offenses in which biological evidence is recovered or obtained; and

(2) If personally identifiable information is removed, support development of forensic validation studies, forensic protocols, and the establishment and maintenance of a population statistics database for federal, state, or local crime laboratories of law enforcement agencies; and

(3) Assist in the recovery or identification of human remains from mass disasters, or for other humanitarian purposes, including identification of missing persons.

2. The Missouri state highway patrol shall act as the central repository for the DNA profiling system and shall collaborate with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Index System or in any DNA database.

3. The Missouri state highway patrol may promulgate rules and regulations to implement the provisions of sections 650.050 to 650.100 in accordance with Federal Bureau of Investigation recommendations for the form and manner of collection of blood or other scientifically accepted biological samples and other procedures for the operation of sections 650.050 to 650.100. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

4. The Missouri state highway patrol shall provide the necessary components for collection of the biological samples from qualified individuals as defined in section 650.055 for the DNA profiling system.

(1) For qualified offenders as defined by section 650.055 who are under custody and control of the department of corrections, the fingerprint and DNA sample collection shall be performed by the department of corrections and the division of probation and parole, or their authorized designee or contracted third party.

(2) For qualified offenders as defined by section 650.055 who are under custody and control of a city or county jail, the fingerprint and DNA sample collections shall be performed by the city or county jail or its authorized designee or contracted third party.

(3) For qualified offenders as defined by section 650.055 who are under the custody and control of companies contracted by the county or court to perform supervision and/or treatment of the offender, the sheriff's department of the sentencing court shall perform the DNA sample collection and obtain a fingerprint.

(4) For a person who is required to register as a sexual offender under sections 589.400 to 589.425, the registering agency shall obtain the DNA sample and fingerprint.

5. The specimens shall thereafter be forwarded to the Missouri state highway patrol crime laboratory. Any DNA profiling analysis or collection of DNA samples by the state or any county performed pursuant to sections 650.050 to 650.100 shall be subject to appropriations.

6. The state's participating forensic DNA laboratories shall meet quality assurance standards specified by the Missouri state highway patrol crime laboratory and the Federal Bureau of Investigation to ensure quality DNA identification records submitted to the central repository.

7. The state's participating forensic DNA laboratories may provide the system for identification purposes to criminal justice, law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court and provide expert testimony in court on DNA evidentiary issues.

8. The department of public safety shall have the authority to promulgate rules and regulations to carry out the provisions of sections 650.050 to 650.100. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.

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(L. 1996 S.B. 578, A.L. 2004 S.B. 1000, A.L. 2005 S.B. 423, A.L. 2009 H.B. 62 merged with H.B. 152, A.L. 2009 H.B. 62 merged with H.B. 152)